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Home My WebLink About00535I I I i RECESS To Discuss Paving Question: Pursuant to call made by the Mayor it was moved by Councilman Robbins and seconded by Councilman Peach that the Council now recess for the purpose of discussing the paving of downtown streets with interested property owners present. Motion was carried and recess declared. Paving Discussion:_ An informal discussion followed in whioh.the City Attorney outlined the different plans fo procedure and methods of.finanoing and City.Engineer Sadler presented estimates of cost of paving, this was followed by discussion by the property owners together with requests for information and up an informal'poll being taking it appearing that all interested -property owners present were in favor of paving Water Street from Madison Street to -Polk Street. OOVNCII� RECONVENES Council was again called to order at 9:.15 and upon roll call there were present Mayor George Bangerter, City Clerk C. F. Christian, City Attorney James W. Be Scott, and Councilmen S. V. Peach, W. Be Smith, R. E. Richards, William Lammers Sr., Jacob Miller and Harry W. Robbins. SECOND RECESS It was moved by Councilman Peach and seconded by Councilman Robbins that the Council reoes for 15 minutes. Motion darried and recess was declared carried. COUNCIL RECONVENES Council again reconvened at 10:15 P. M. Mayor Bangerter presiding and upon roll call the following officers and Councilmen were present: Mayor George Bangerter, City Clerk C. F. Christian, City Attorney James W. Be Scott, and Councilmen S. V. Peach, W. Be Smith, R. E. Richards, William Lammers Sr., Jacob Miller and Harry 1V. Robbins. NEW BUSINESS To:Reuair Sea Wall: Through Mayor Bangerter the Street Superintendent was instructed to repair the Water Street sealwall in the vicinity of Polk and Harrison Streets. BILLS AND CLAIMS Reverting to order of bills and claims additional bills and claims were presented and read as follows: For Dr. George Bangerter, to -wit: Supplies for Mayors office and traveling Expense $11.39 It was moved by Councilman Robbins and seconded by Councilman Lammers that the claim be allowed and the Mayor and the City Clerk be authorized to draw a warrant upon the proper fund in payment of same. Upon roll call all six Councilmen present voted in the affirmative and motion was declared carried. From H. W. Clark Co.: Meter Tester and Adapter $315.00 It appearing that a small article belonging to this shipment had been shipped separately setting additional cost of $4.57 by first deducting from the bill that the balance amounting to $310.43 be'approved and that the Mayor and the City Clerk be authorized to issue a warrant in the said not amount upon the proper fund in payment of same. Upon roll call all six Councilmen present voted in the favor thereof and motion was declared carried. Contract for Associate Counael: The proposed contract or agreement with the firm of Roberts, Skeel and Holman as associate Counsel was now presented and read as follows, to -wit: A G R E E 14 E N T THIS AGREEMENT, entered into in triplicate form, with each copy to have full force as an orig- inal, on March 4th, 1930, by and between the CITY OF PORT TOWNSEND, one of the cities of the third class of the State of Washington, by its city counsel, on the one part and JOHN W. ROBERTS, E. L. SKEEL and TOY W. HOLMAN, copartners doing business under the firm name and style of Roberta, Skeel and Holman, attorneys at law, of Seattle, Icing County, Washington, on the other part, and hereinafte referred to also as and included within therterm associate attorneys: W I T N E S S E TH_ WHEREAS, there has been commenced by service of summons and compladmt on the defendants therein named, two certain actions entitled respectively, P. J. McCullem and Marie MfaCullem, husband and wif 4'45 plaintiffs, 'vs. The City of Port Townsend, a municipal corporation of the third class, and Ben Green, defendants; and P. J. MoCullem.and.Marie.MeCullem, husband and wife, joint administrators of the Estate of George McCullem, deceased, plaintiffs, vs. The'City of Port Townsend, a municipal corpora- tion of the third class, and Ben Green, defendants; and, WHEREAS, The City Counsel of the City of,.Port Townsend has employed and by this instrument 's does employ the said associate attorneys, Roberta, Skeel and Holman, to act as associate counsel, F; with the city attorney in the preparation of all pleadings covering the issues of law and fact, and ' w the trial thereof in the superior court of the State, of Washington.for Jefferson County, and such necessary investigation thereof as maybe required in advance to properly prepare for trial.of said action, whether said ,action be..00nsolidated or .separately tried, under the.terms and conditions s+r` hereinafter stated, and with the additional provisions and terms in case of appeal'from'the superior court to the supreme court of the.State of Washington; and, WHEREAS, the city attorney of the City of Port Townsend has consented to such employment of associate attorneys; NOW, THEREFORE, IT IS AGREED by and between said City of Port Townsend and said associated attorneys, as follows, to -wit: t (1) The. associate attorneys will actively associate with and take charge`of,'with the city attorney, the preparation of all necessary pleadings covering all issues of law and fact, and any ; necessary investigations, in advance of -trial and in the trial of said actions, in.the superior court � of''the State of Washington, for Jefferson County, whether tried separately or consolidated for trial, y and' likewise associate and represent said City of Port Townsend in any appeal that may be taken by either party to the supreme court of the State of Washington from said superior court in either or 4 both'�of said actions; r: (2) The City of Port Townsend hereby agrees to pay and will pay the said associate attoree neys a fee of Five Hundred ($500).,Dollars, for. services to be rendered as aforesaid for the preparatio ; of said actions and the trial thereof in the ,superior court of the State of Washington, for Jefferson County, by payment of the sum of $250.00 cash on the signing of this contract, and the balance of $250'X0 on the entry of judgment or judgments in the superior court of the State of Washington, for Jefferson County,- in said actions; and: -. :,•, .; ,- .. .. , .. ; p' - - (3) In addition to the foregoing The City of Port Townsend will pay the necessary expense }, h. of preliminary investigation in advance of trial, not to exceed the sum of $50.00, and the City will T likewise pay all court costs, disbursements -and expenees••uaual for the trial of an notion in the ! superior court and in the supreme court of the State of Washington, including any and all necessary z- a tness fees, reporter's charges, preparation of transcripts, printing briefs, preparation of, state- j:,, ment of facts and like usual expenses; and Sjsy% (4) In the event appeal be taken in either of the aforesaid actions, separately or.jointly The City of Port Townsend will additionally pay said associate attorneys a fee for such associate " ?representation on appeal to the supreme court of the State of Washington, in the sum of $250.00, fi covering both of said oases, and payable on filing of remittitur from the supreme court. .. .. - r This contract is to become effective .when ordered by the city counsel of the City of Port. Townsend and executed by the Mayor and the City Clerk of said city, and approved by the city attorney as to :form.. - CITY OF PORT ,201VNSEND Attest: By DR. GEORGE BANGERTER 3 Mayor. C. F. CHRISTIAN ,. City Clerk s •� (CITY SEAL) ROBERTS, SKEEL AND HOLMAN JOHN W. ROBERTS pproved ae,,to form, ,' ' AS: W. B. SCOTT 1:E..L. ,SKEEL - ;` City Attorney TOM We HOLMAN. It was moved by Councilman Peach .and seconded by Councilman Smith that the City Council - aocept the said contract and that the Mayor and the City Clerk be authorized to execute same. Upon ell call all six Councilmen present voted in the affirmative and motion was declared carried BILLS AND CLAIMS Reverting to order of•Bills and Claims the following claim of Roberts, Skeel and Holman '(qas presented, read, to -wit: t ITY CF PORT TOWNSEND, WASHINGTON C FTo: ROBERTS, SKEEL AND HOLMAN 930 Seattle, Washington. To advanced payment on fee as associate counsel with the City Attorney in two actions a commenced in Superior Court for Jefferson County, Washington entitled P. J. Moaullem A